Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-10-05
A CONSCIENTIOUS GRAND JUROR,

"A OhANO 0VAOH.
To be tried ny a jury OF his peers has
been supposed to he the palladium OF lib
erty among Englisb-speaking people. and
will continue to be SO regarded until q bet
ter system is devised in spite Of some no.
torious travesties on Justice known to have
been perpetrated through the medium of s.
jury. But although the Grand Jury is al
most as ancient an institution in the his
tory OF legal procedure, the confidence OF
some thinking men in it's utility as an ad-
junct OF criminal prosecutions has become
impaired in these days OF universal doubt
and skepticism. It has been fouted and
its usefulness doubted, and many men have
regarded the mark of confidence of the
community in their integrity which a call
to serve on it implied as q distinction OF
doubtful desirability. They have received
the summons with q feeling very far short
OF gratitude. and have been known, when
aware that the honor was to be thrust
upon them. to avoid the Sheriff and his
writ as though he had the plague. 1t goes
without saying that there is no cit
isen OF this broad Republic 80 base
as to shirk any OF the responsibilities OF
citizenship. Everyone ia eager and anxious
80 discharge all the duties that fall to his
share from voting to jury service. Some
times an exieency arises chat prevents a
voter exercising that inestimable and high
ly valued boon or interferes with the con-
scientious discharge of the duties OF a petit
juror. But history is silent as to an in.
stance OF any doubter boldly rising in open
court and expressing publicly his firm con-
viction that the Grand j ury per sc is sham.
a delusion and a snare. It was reserved
for a citizen OF Butte to rise to this height
OF skepticism and, what is more, to be ex.
cused from service on the plea of conscience.
even though by so doing the panel was cur
tailed and the complement OF Grand Jurors
required by law thereby broken. But Mr..
John A. Leggat had that hardihood. Mr..
Leggat is a Scotchman who glories in the
fact. and he s~olernnly averred with his up.
lifted right hand that he was opposed to
the institution by birth. by principle and
by observation. He boldly stated that on
bis previous service on Grand Juries he had
noticed they were an engine OF oppression
Tor the innocent and OF shelter for the |
guilty. Judge Galbraith was nonplussed at |
such hrazen heresy and appealed to the
County Attorney who had never heard the
like before and was at his wits ends how
to deal with such contumacy. Legal lights
present were appealed to and the result
was that the contumacious Grand Juror |
was dismissed. Mr.. Leggatis a Scotchman
and be is proud of it. The Grand Jury is |
not. presumably, an incident Of legal pro-
cedure under the Scotch Law. But neither
isit a distinctive feature of French, German, |
italian or any other European sys.
tenn OF Jurisprudence. 1t will never
do, therefore, to establish q precedent that
such an objection is good. The proceed.
ings oil Grand Juries are covered by a veil
o. profound secrecy. Mr.. Leggat's weight
lest objection to them is that they are en-
gines OF oppression. He could only know
this from personal observation. What be-
OF his oath to present or withhold
man from fear, favor, affection or hope
reward? If Mr.. Leggat was personally
cogrizant OF any such conduct by anv
Grand Jury OF which he was a constituent
element, how does he reconcile it with his
ideas Of conscientinusness to have with.
held the facts in his breast so long, and
Why does he even yet?